Gov. Scott says state must still define impairment before legalizing marijuana

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Updated: 7:20 PM EST Mar 2, 2017

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WEBVTT BRIAN: ONE OF THE BIG ARGUMENTSIN MONTPELIER AGAINSTIN MONTPELIER AGAINSTLEGALIZATION OF MARIJUANA FORADULTS, IS THE IMPACT IT MIGHTHAVE ON HIGHWAY SAFETY, AND APOTENTIAL SPIKE IN STONEDMOTORISTS.WITH ALCOHOL, POLICE HAVE THEBREATHALYZER TECHNOLOGY THATQUICKLY READS A YOUR BLOODALCOHOL CONTENT TO SEE IF IT'SOVER THE LEGAL LIMIT.WITH MARIJUANA THE CLOSEST THINGIS A SALIVA TEST USED IN14-STATES SO FAR, BUT NOT INVERMONT.A PENDING HOUSE BILL WOUCHANGE THAT.>> THERE IS A ROADSIDE TEST BUTTHE ROADSIDE TESTS DOESN'T SHOWIMPAIRMENT, IT SHOWS THEPRESENSE OF CERTAIN CATEGORIESOF DRUGS THAT'S SALIVA OR ORALFLUID TESTING.THEY'RE RELIABLE AND ACCURATE.>> THERE'S SOME VALIDITY TO THESALIVA TEST BUT STILL DOESN'TDETERMINE LEVEL OF IMPAIRMENBRIAN: SCOTT SAID STATES ARESTRUGGLING TO DEFINE A NUMERICLEVEL OF THC DEFING LEGALIMPAIRMENT, AND QUESTIONS MOVINGFORWARD WITHONE ONE.THE HOUSE TRANSPORTATIONCOMMITTEE TODAY WAS ALSOCONSIDERING A BILL TO LOWER THEBLOOD ALCOHOL LIMIT IN VERMONT

Saliva testing would help detect drugged drivers, police say

Gov. Scott says state must still define impairment before legalizing marijuana

One of the key arguments against legalizing marijuana in Vermont is the oft-repeated concern about a potential spike in stoned motorists, and the challenge for law enforcement in proving intoxication.

The House Transportation Committee on Thursday listened to witnesses weigh in on a series of proposal intended to help.

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While police have long used blood alcohol sensors, or Breathalyzers to measure alcohol in the bloodstream to see if it exceeds Vermont's 0.08 percent limit, no equivalent test exists for marijuana and there is no numeric standard for impairment.

Lt. John Flannigan, a drug recognition expert with the Vermont State Police, says the saliva, or oral fluids tests, have proven reliable and accurate.

Fourteen other states already use them, he said.

But saliva tests only confirm the presence of chemical markers for marijuana and certain classes of other drugs. They do not confirm a driver's active impairment, nor have Vermont lawmakers ever established an numeric limit for THC, the active ingredient in marijuana.

The "roadside problem" is the key problem for Gov. Phil Scott, who has so far withheld support for a separate proposal before the House Judiciary Committee to legalize adult possession of small amounts of marijuana and permit homegrown pot.

"There's some validity to the saliva test but still doesn't determine level of impairment," Scott said Thursday.

A similar bill passed the Vermont House in the last biennium, but died in the Senate.

The transportation committee is also considering related bills to lower the maximum allowable blood-alcohol content to 0.05 percent for drivers who have any marijuana in their system, and another bill prohibiting marijuana consumption in a motor vehicle.